Saunders Law act in successful appeal and are awarded indemnity costs

Saunders Law advised two clients in successful appeals to the Court of Appeal (Civil division) with an award of costs in the clients' favour - on the indemnity basis. James Saunders (Director) and Matthew Purcell (Business Services Solicitor) advised Joseph Lagna and Melissa Ross.

This was a commercial property appeal concerning a multi-million pound residential property in fashionable Chiswick. At the heart of the case was a possession claim bought by an international Bank claiming security over the property. Technically complex issues surrounding due execution and trade-out agreements were raised.

The matter was set be tried at Brentford County Court, but in an unusual case management move, the judge declined to conduct a trial based on the evidence, and proceeded straight to judgment for possession. Both clients were given permission to appeal by the Court of Appeal and were represented by Michael Paget of Counsel.

Recognising the clear procedural irregularity, Saunders Law made an early Part 36 offer to DLA Piper who represented the Bank. Despite powerful arguments put forward by the Saunders team, this offer was not accepted, so leading to an award of costs on the indemnity basis with interest at punitive rates.

In its judgment the Court of Appeal found the case management decision to be "unsustainable" and that it was "fundamentally wrong for a judge to refuse to hear oral argument on behalf of a party".

James Saunders said: "Complex and technically demanding litigation is what we are known for and this is an outstanding result for our clients. Furthermore, costs on the indemnity basis for our client demonstrates the importance of having the right legal team fighting your battles against an international law firm".

The case has been remitted for a re-trial at Central London County Court.


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